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(영문) 수원지방법원 성남지원 2018.08.30 2018고정771
공용물건손상등
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On May 7, 2018, the Defendant, who damaged public goods, was assaulted in front of the Sungnam-si Regu Seoul Special Metropolitan City on May 7, 2018.

“The Defendant was on board the patrol vehicle F, a slope E belonging to the Seongdong-gu Police Station for the Sungnam-nam, where the Defendant was on board the patrol vehicle after driving the patrol vehicle with C’s report.

When stopping after a passenger car in the G Spanpo zone, the car behind the above Spanpo zone was driven by the passenger car and received the part of the patrol car's driver's seat in the back of the car.

As a result, the Defendant damaged the above patrol vehicle, which is a public object, to have an amount equivalent to KRW 880,00,00 for repairing costs, such as the exchange of front of driving seat.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a G Sspo-type car at the time and place set forth in paragraph 1, while under the influence of alcohol 0.150% in blood, approximately 10 meters in alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and table of records of drinking measurement

1. Application of Acts and subordinate statutes to places where vehicles are operated, photographs of damaged vehicles (D patrol vehicles), and estimates for repair of motor vehicles (D patrol vehicles);

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (referring to damage to goods for public use), Articles 148-2(2)2 and 44 of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes resulting from damage to goods for public use, the punishment of which is heavier than that of which is set forth, but the lower limit of which is set forth for the crimes of violation of traffic laws on roads shall apply thereto);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that the nature and circumstances of the crime, such as the degree of taking the reason for sentencing, the details of the crime, etc., shall not be under absolute terms; however, the operation of the patrol vehicle at the expense of the defendant, the repair of the patrol vehicle is completed; there is no criminal history regarding the obstruction of public duties; there is no history of driving alcohol for about 11 years; and there is no history of driving alcohol for about 11 years; and the defendant reflects the wrongness of the defendant, etc.

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